Board of Zoning & Building Appeals

City of Hudson, Ohio Meeting Minutes - Final Board of Zoning & Building Appeals Robert Drew, Chair John Dohner, Vice Chair Frederick Jahn Jeffrey Minar Louis Wagner Nick Sugar, Associate Planner Matthew Vazzana, City Solicitor Thursday, August 15, 2019 7:30 PM Town Hall I. Call to Order Chairman Drew called to order the regularly scheduled meeting of the Board of Zoning & Building Appeals at 7:30 p.m., in accordance with the Sunshine Laws of the State of Ohio, O.R.C. Section 121.22. II. Roll Call Present: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner Absent: 1 - Mr. Dohner III. Identification, by Chairman, of Nick Sugar, Associate Planner. IV. Swearing in of Staff and Audience Addressing the Board. Mr. Drew swore-in staff and all the persons wishing to speak under oath. V. Approval of Minutes Chair Drew reminded the public that children are back in school and to be careful driving. Chair Drew noted that with four members present it will take three votes to approve or deny a variance. A vote of two yes and two no will automatically bind the application to the next Board meeting, A. BZBA 7-18-2019Minutes of Previous Board of Zoning & Building Appeals Meeting: July 18, 2019 Attachments: BZBA Minutes July 18, 2019 - draft Mr. Jahn made a motion to approve the July 15, 2019 minutes, with one edit. Mr. Minar seconded the motion. The motion was approved unanimously. VI. Public Hearings - Old Business A. BZBA 2019-515 A request for variances to permit construction of an accessory City of Hudson, Ohio Page 1 Board of Zoning & Building Appeals Meeting Minutes - Final August 15, 2019 structure shed. The requests are: 1] a variance of four (4) feet from the required fifteen (15) foot rear yard setback resulting in a eleven (11) foot rear yard setback pursuant to Section 1205.06(d)(5)(E)(iii) “Property Development/Design Standards - Setbacks - Minimum Rear Yard Setbacks”; and 2] a variance of eight (8) feet from the required fifteen (15) foot side yard setback resulting in a seven (7) foot side yard setback pursuant to Section 1205.06(d)(5)(D)(iv) “Property Development/Design Standards -Setbacks - Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Robert Kollar Jr., 5606 Sunset Drive, Hudson, OH 44236 and the property owners are Robert Kollar Jr. and Julie L. Kollar, 5606 Sunset Drive, Hudson, OH 44236 for the property at 5606 Sunset Drive, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: Memo to BZBA 9-19-19 BZBA 2019-515 Staff Report 7-18-19 Mr. Sugar updated the Board on this returning application from the July 18, 2019 BZBA meeting. Since July the applicant has: 1) Received plan approval from Summit County Building Standards Division, subject to a final inspection. 2) The AHBR conducted an informal review with suggestions and stated the roof line would have been required to match the house if brought to the AHBR prior to building. Mr. Kollar distributed documents from three immediate neighbors and a printed text message from another neighbor expressing support for the request. Mr. Kollar noted the 15-foot setback would cause over 700 square feet of his property to be unusable and he understands he violated the rules and asked for consideration. The Board noted the amount of work put into the structure and asked if the variance is denied, how would it be moved? Mr. Kollar stated if the shed is moved off the pillars, the next step is unknown. However, since the existing pillars are set in concrete and attached to the decking, it will be difficult to move and the pillars will not be reusable. The Board noted this case could be precedent setting in how and when to request a variance. In order to grant a variance the Board will look for a compelling reason for the shed to be positioned where it is. Chair Drew reported he visited the property and noted the property to the west has a shed that is clearly not in compliance, the new shed replaced a shed in a similar location, the neighbors are agreeable to the current location of the shed and it is impractical to move. Chair Drew opened the meeting for public comment. There were no public comments. The Board acknowledged Mr. Kollar made a serious mistake in the placement of the shed which could result in significant labor and financial costs. The Board debated whether the variance should be considered as if the shed were not built, in that case, would a variance be given? In response to the cost of the shed Mr. Kollar stated he has about $2954 in materials. The Board discussed if this is a substantial or insubstantial variance and Mr. Sugar noted the AHBR did not discuss the siting of the shed. Mr. Jahn made a motion, seconded by Mr. Drew, that based on the evidence presented to the Board by the applicant, after City of Hudson, Ohio Page 2 Board of Zoning & Building Appeals Meeting Minutes - Final August 15, 2019 reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, to grant the following variances to permit construction of an accessory structure shed: 1] A variance of four (4) feet from the required fifteen (15) foot rear yard setback resulting in a eleven (11) foot rear yard setback pursuant to Section 1205.06(d)(5)(E)(iii) “Property Development/Design Standards - Setbacks - Minimum Rear Yard Setbacks”; and 2] A variance of eight (8) feet from the required fifteen (15) foot side yard setback resulting in a seven (7) foot side yard setback pursuant to Section 1205.06(d)(5)(D)(iv) “Property Development/Design Standards -Setbacks - Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. Mr. Jahn noted the following circumstances: 1. The accessory building on neighboring property is built in the setbacks. 2. The adjoining neighbors’ homes are far away from the shed. 3. The adjoining neighbors support the variance request. 4. The shed replaced an existing shed in same location. The Board finds and concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the requested variance; however, the request will add to the value and usefulness of the property. 2. The variances are insubstantial given that one variance is four-feet of fifteen feet, which is a small percent, the other is eight-feet of fifteen-feet. The total of the two variances is insubstantial. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance is granted because the location of the accessory building is in a corner far away from other residents and street view. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variance. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance. The two to two vote resulted in the application being continued to the September 18, 2019 meeting. Aye: 2 - Mr. Drew and Mr. Jahn Nay: 2 - Mr. Minar and Mr. Wagner VII. Public Hearings - New Business A. BZBA 2019-632 The request is for a variance from the requirement to utilize public water in order to have a water well on the property to construct a new house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. The applicant is Noreen Meyers for D.H. Meyers Homes, Inc., 2799 Old Mill Road, Hudson, OH 44236. The property owners are Kenton A. and Lori City of Hudson, Ohio Page 3 Board of Zoning & Building Appeals Meeting Minutes - Final August 15, 2019 Thompson, 4471 Dean Martin Drive, Las Vegas, NV, 89103 for the property at 2741 Last Valley Lane in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2019-632 Staff Report 8-15-19 Mr. Sugar introduced the application for a new home construction with a water well on 5.1 acres of land on a private drive which has three other single-family homes. The proposed home has a setback of 172 feet from Last Valley Lane and is 288 feet from the water line on East Streetsboro Road with a cost of $22,000 for a public water line. Mr. Sugar noted that the 172-foot setback of the house is because of a Summit County sewer easement through the center of the property and a swale in the middle of the property that collects water. Also noted was that the AHBR was generally satisfied with the position of the house on the property and the design of the house. Mr. Sugar noted the homeowner has a letter from Akron Water stating the applicant may tie into public water and it would require agreement of the neighbors to run a water line. Mr. Brock Thompson, son of the owners and authorized to speak on behalf of his parents, was present for the meeting . Mr. Thompson stated the reason for requesting the variance is the $13,000 cost savings and the other properties on Last Valley Lane also have wells. Mr. Thompson noted a water line would demand a trench by a historic home on East Streetsboro Road and require going across East Streetsboro Road with potential construction difficulties. Mr. Thompson stated he did know the neighbors had wells and a well at this location would require a variance. At this point the house is on hold waiting for a decision about the well and other potential cost increases. The Board noted the relatively low estimate of $22,000 and the homes in the St. Regis neighborhood are of similar size and on public water. The Board noted since the house will tie into a sewer line the well only affects the homeowners. Chair Drew opened the meeting for public comment. Mrs. Thompson, potential homeowner, thanked the Board for consideration of this variance request. Seeing no one else wishing to make public comment, Chair Drew close public comments. Mr. Jahn made a motion, seconded by Mr. Wagner, that after reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, the Board of Zoning and Building Appeals grant the variance from the requirement to utilize public water in order to have a water well on the property to construct a new house pursuant to Section 1207.11(b)(1), “Adequate Public Facilities-Water/Wastewater” of the City of Hudson Land Development Code. With the following condition: 1. If public water service becomes available to this property, the home owner is required to utilize and tap into the service within a reasonable amount of time. The Board finds and concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the requested variance, however, utilizing a well to provide water to the home is practical due to site constraints including the location of the existing sewer easement through the center of the property as well as the location of the existing drainage swale near the front of the property. 2. The variance is insubstantial because it will not have any impact on the surrounding properties or neighborhood in general. City of Hudson, Ohio Page 4 Board of Zoning & Building Appeals Meeting Minutes - Final August 15, 2019 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance is granted because there are homes adjacent to this property and nearby that utilize well water. 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variance. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance because the impact on adjoining properties is minimal. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner B. BZBA 2019-635 The request is for variances to permit construction of an accessory structure shed. The requests are: 1] a variance of ten (10) feet from the required fifteen (15) foot rear yard setback resulting in a five (5) foot rear yard setback pursuant to Section 1205.06(d)(5)(E)(iii) “Property Development/Design Standards - Setbacks - Minimum Rear Yard Setbacks”; and 2] a variance of ten (10) feet from the required fifteen (15) foot side yard setback resulting in a five (5) foot side yard setback pursuant to Section 1205.06(d)(5)(D)(iv) “Property Development/Design Standards -Setbacks - Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. The applicant is Jon C. Lund, 124 E Streetsboro Street, Hudson, OH 44236 and the property owners are Jon C. and Suzanne J Lund Trustee, 124 E Streetsboro Street, Hudson, OH 44236 for the property at 124 E Streetsboro Street, Hudson, OH 44236 in District 3 [Outer Village Residential Neighborhood]. Attachments: BZBA 2019-635 Staff Report 8-15-19 Mr. Sugar introduced this application for a 12-foot by 8-foot shed in the rear yard of a quarter-acre lot that is 58-feet wide and has an existing detached garage. Mr. Sugar stated Hudson Public Power does not object to the site proposed location and that many non-conforming structures exist in the surrounding neighborhood. Mr. John Lund, homeowner, in response to a Board question stated other locations were considered, however, if the shed is moved to the middle of the yard it will make it difficult to make use of the yard. If the variance is denied, he will not build the shed and will use the garage for storage. The Board noted the zoning map shows this lot close to Districts 4 and 5, where the setbacks are four-feet and five-feet. Chair Drew opened the meeting for public comment. Mr. Peter Haywood, 114 E. Streetsboro Drive and a neighbor, stated he has no objections to this location and said if it is placed in other locations it may be an eyesore from his property. The Board noted Mr. Haywood's garage is City of Hudson, Ohio Page 5 Board of Zoning & Building Appeals Meeting Minutes - Final August 15, 2019 non-conforming. Seeing no one else wishing to comment, Chair Drew closed public comments. The Board discussed the proposed location as reasonable and allows for a functional backyard. Mr. Wagner made a motion, seconded by Mr. Jahn that after reviewing the application, the evidence presented to the Board under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, the Board of Zoning and Building Appeals grant the variances to permit construction of an accessory structure shed. The requests are: 1] a variance of ten (10) feet from the required fifteen (15) foot rear yard setback resulting in a five (5) foot rear yard setback pursuant to Section 1205.06(d)(5)(E) (iii) “Property Development/Design Standards - Setbacks - Minimum Rear Yard Setbacks”; and 2] a variance of ten (10) feet from the required fifteen (15) foot side yard setback resulting in a five (5) foot side yard setback pursuant to Section 1205.06(d)(5)(D)(iv) “Property Development/Design Standards -Setbacks - Minimum Side Yard Setbacks” of the City of Hudson Land Development Code. With the following condition: 1. The final, built structure shall not differ substantially from the proposed 12’ x 8’ dimensions. The Board finds and concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the requested variances. 2. The variances are numerically substantial; however, the proposed location of the accessory structure reduces their significance. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variances are granted as the structure is a modest size and proposed in the rear corner of the yard. Additionally, the Board heard testimony from neighboring home owners who supported the proposal. 4. The variances would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variances. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variances considering the property has a narrow lot width and is located in close proximity to District 4, which has less restrictive zoning requirements. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner City of Hudson, Ohio Page 6 Board of Zoning & Building Appeals Meeting Minutes - Final August 15, 2019 C. BZBA 2019-651 The request is a variance of twenty-two (22) feet from the required thirty-five (35) foot side yard setback for corner lots resulting in a thirteen (13) foot side yard setback in order to build a house addition pursuant to Section 1205.07(d)(6)(B)(vi) “Property Development/Design Standards - Minimum Side Yard Setback” of the City of Hudson Land Development Code. The applicant is Connie Price, 47 Church Street, Hudson, OH 44236 and the owners are Gary and Connie Price, 47 Church Street, Hudson, OH 44236 in District 4 [Historic Residential Neighborhood]. Attachments: BZBA 2019-651 Staff Report 8-15-19 Mr. Sugar introduced the application for a lot that is 61-feet wide on .16 acres of land on the corner of College Street and Church Street. This is a request for a 236 square foot addition to the existing 736 square foot home that is nine-feet into the setback. Mr. Sugar noted the AHBR, at an informal review, gave the plan generally favorable comments and felt it was appropriately sited and to scale for this neighborhood. Ms. Connie Price, homeowner, 47 Church Street, explained the desire to build a small, appropriately sized room off the kitchen that will function as a dining, sitting and reading room. Ms. Price stated the design attempts to look like the older part of the house and that many locations were considered with this being favored for the sake of the overall look of the house when finished, privacy, a potential patio and formal gardens. Following questions about placing the room on the north side of the house, Ms. Price said she and the architect did not want the house to be long and narrow. The Board noted that none of the existing houses in the area meet the 35-foot front yard setback. Chair Drew opened the meeting to public comments. There were no public comments. The Board stated a desire to assist the owners of historic homes who wish to improve their property. In this case the Board feels the applicant is being considerate to the setbacks by requesting this small addition. Mr. Jahn made a motion, seconded by Mr. Minar that after reviewing the application, the hearing of evidence under oath, reviewing all documentary submissions of interested parties and by taking into consideration the personal knowledge of the property in question, the Board of Zoning and Building Appeals grants a variance of twenty-two (22) feet from the required thirty-five (35) foot side yard setback for corner lots resulting in a thirteen (13) foot side yard setback in order to build a house addition pursuant to Section 1205.07(d)(6)(B)(vi) “Property Development/Design Standards - Minimum Side Yard Setback” of the City of Hudson Land Development Code. The Board finds and concludes: 1. The property in question will yield a reasonable return and there can be a beneficial use of the property without the requested variance; however, the request will add to the livability, value and usefulness of the property. 2. The variance is substantial; however, the size of the addition is modest. 3. The essential character of the neighborhood would not be substantially altered and adjacent properties would not suffer a substantial detriment if the variance is granted because there are surrounding properties on corner lots with a similar encroachment into the side yard setback. City of Hudson, Ohio Page 7 Board of Zoning & Building Appeals Meeting Minutes - Final August 15, 2019 4. The variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage). 5. The applicant purchased the property with knowledge of the zoning restriction. 6. The applicant's predicament feasibly cannot be resolved through some method other than the requested variance. 7. The spirit and intent behind the zoning requirement would be observed and substantial justice would be done by granting the variance as the proposed addition is modest and will follow similar conditions in the neighborhood. The motion was approved by the following vote: Aye: 4 - Mr. Drew, Mr. Jahn, Mr. Minar and Mr. Wagner VIII. Other Business Mr. Sugar stated there is one confirmed case for the September BZBA meeting. Chair Drew asked Mr. Sugar if two trees were planted at the Evaporator Works, 46 Ravenna Street, as required by the condition of the variance for signs. Mr. Sugar stated he will inform the Board at the September meeting about the trees. XI. Adjournment A motion was made by Mr. Jahn, seconded by Mr. Wagner, that the meeting be adjourned. The motion carried by an unanimous vote. Chair Drew adjourned the meeting at 9:49 p.m. ________________________________ Robert P. Drew, Chair ________________________________ John M. Dohner, Vice Chair ________________________________ Joe Campbell, Executive Assistant Upon approval by the Board of Zoning & Building Appeals, this official written summary of the meeting minutes shall become a permanent record, and the official minutes shall also consist of a permanent audio and video recording, excluding executive sessions, in accordance with Codified Ordinances, Section 252.04, Minutes of Architectural and Historic Board of Review, Board of Zoning and Building Appeals, and Planning Commission. City of Hudson, Ohio Page 8